- May 13, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Extended Bereavement Leave and Legal Rights
### Background
I have recently experienced a loss of a loved one in my family. Typically, bereavement leave is expected to last around 2-3 days, allowing individuals to attend funeral services and cope with the emotional aftermath. However, in my case, I have taken an extended leave of 2 weeks to manage funeral arrangements and prioritize my mental well-being during this difficult time.
### Request for Clarification
I am seeking guidance on how these additional 2 weeks of leave would be classified in terms of my employment benefits. Specifically, I am unsure if this period would be considered as annual leave or sick leave. Furthermore, I am considering obtaining a medical certificate from my General Practitioner (GP) to support my need for extended time off.
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[AI Legalese Decoder](https://www.ailegalesedecoder.com) can assist in interpreting and decoding the legal language within your employment contract or company policies related to bereavement leave entitlements. By inputting relevant information about your situation, the AI tool can provide clarification on the appropriate classification of your extended leave and the potential impact of obtaining a medical certificate from your GP. This can help you navigate your rights and obligations as an employee during a sensitive period of bereavement.
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I would discuss this with my employer.
If you obtain a medical certificate that stipulates you have an illness and cannot attend work for the 2 weeks or whatever time it is that should be able to cover you.
In some instances you may run out of sick leave and your employer may allow you to use your annual leave but this is case by case and should be discussed with your employer.
Note however, medical certificates that are incredibly vague could be questioned by your employer.
Get a medical certificate and take sick leave.
If documented (eg a medical certificate) it should be sick leave- or annual leave if you’re out of sick leave. Having lost my mum, I’m personally of the opinion that should be sliding scale for the length of bereavement, at a baseline it should consider how much responsibility the worker has over the after-death admin/funeral planning- 2-3 days for (some of) the acute grieving days AND the admin is woefully insufficient. I think most employers would anticipate that a worker with a deceased NOK or immediately adjacent relative will be absent for at least a fortnight- and it isn’t a holiday! (Arguably too, the after-death admin could be considered to entitle the worker to carer’s leave- as these tasks are ultimately caring for the deceased close relative- though I haven’t seen this documented as a concept in IR circles)
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Apply for bereavement leave (2-3 days), if the rest is for your mental health, get a Dr certificate & claim sick leave. If it’s just cause you’re busy doing things (or don’t have sick leave left), apply for annual leave.
Are you FT or PT? You know you get compassionate leave for each occasion. So if your family member got their terminal diagnosis that’s 2 days, and a further 2 when they passed.
https://www.fairwork.gov.au/leave/compassionate-and-bereavement-leave
2 days bereavement leave, then 2 days personal leave under mental health (more if your employer allows it or if you get Drs cert) then rest personal.
Unfortunately packing up and estate and organizing a service is not sick/personal leave.
Having said that presuming your manger is understanding send a email/text (so it’s on writing) saying you need to take time off to organize crap what do you want me to take it off as.
I took a week of for one parents death and I took it as bereavement and sick leave to allow for travel.
Other parents death I took 3 weeks of and it was a combo of all 3.
Also my company offers increased bereavement for parents or siblings if you are the one organizing stuff that comes out of sick leave. So just look at your agreements terms.
Cause quite understandably your boss isn’t over every clause.